Academic literature on the topic 'Transfer (Islamic law)'

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Journal articles on the topic "Transfer (Islamic law)"

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Yustisia, Fasya, and Catharina Ria Budiningsih. "PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH." Veritas et Justitia 5, no. 2 (2019): 329–51. http://dx.doi.org/10.25123/vej.3616.

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This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done
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Lubis, Ramiah. "LIFE INSURANCE IN POSITIVE LAW AND ISLAMIC LAW IN INDONESIA." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 2 (2020): 307–16. http://dx.doi.org/10.19109/nurani.v20i2.6757.

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Life insurance is an agreement made by an insurance company to its customers that if the customer experiences a risk of death in his life whether in the form of an accident or due to illness, then the insurance company will provide compensation with a certain amount of money in accordance with the premiums paid for being a customer of the insurance company to heirs of the customer. Conventional Insurance and Syariah Insurance are both tasked to manage and cope with risk, it's just that in Syariah Insurance the management concept is carried out using a pattern of mutual risk between managers an
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Jamarudin, Ade, and Ofa Ch Pudin. "APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN." ISLAMIKA 14, no. 1 (2020): 1–11. http://dx.doi.org/10.33592/islamika.v14i1.637.

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Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finan
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Dimyati, Yayat. "Inheritance in the Perspective of Customary Law and the Compilation of Islamic Law." VRISPRAAK : International Journal of Law 9, no. 1 (2025): 58–79. https://doi.org/10.59689/vris.v9i1.1155.

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Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the p
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Baihaki, Baihaki, and Gusliana Gusliana. "Comparison of the Legal Position of Substitute Heirs Based on Islamic Inheritance Law and Inheritance Law According to the Civil Code." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 3, no. 1 (2024): 565–74. http://dx.doi.org/10.57235/aurelia.v3i1.1681.

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The purpose of this research is to discuss the comparison of the legal position of substitute heirs based on Islamic inheritance law with the inheritance law according to the Civil Code. The research results show that Islamic Inheritance Law is a law that regulates the transfer of inherited property from heirs to heirs, called inheritance law, which in Islamic law is known by several terms such as: faraidl, Fiqh Mawaris, and others. Inheritance law in the Civil Code is defined in the Civil Code's inheritance law in the Civil Code and is not explicitly stated, but legal experts provide or state
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Bouzenita, Anke Iman. "The Siyar — An Islamic Law Of Nations?" Asian Journal of Social Science 35, no. 1 (2007): 19–46. http://dx.doi.org/10.1163/156853107x170150.

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AbstractThis article deals with an essential part of Islamic law usually referred to as siyar. It discusses the development of siyar in an Islamic context and in comparison to the development of the modern law of nations. It further follows up the evaluation of siyar in the Western literature and analyses recurring paradigms of categorisation used in this literature. The author discusses Kruse's (1979) approach to differentiate between an "Islamic" and a "Muslim" law of nations. As case studies of argumentative weaknesses and loopholes, the author scrutinizes the attempts to attribute siyar to
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Eko Pujianto Hakim, Tehedi, and Nilhakim. "Islamic Law Review Of Wage Payment Practices At PT. Pundi Agro Makmur, Subah District." SOUTHEAST ASIA JOURNAL oF GRADUATE OF ISLAMIC BUSINESS AND ECONOMICS 2, no. 3 (2024): 121–27. http://dx.doi.org/10.37567/sajgibe.v2i3.3137.

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This study discusses wage payment practices at PT. Pundi Agro Makmur, Subah District, focusing on two payment methods: bank transfer and cash payment. This study uses a qualitative approach with field research methods and an empirical sociological approach, collecting data through observation, interviews, and documentation. The results of the study indicate that wage payments via bank transfer are more efficient and there are no deductions, because the company only needs to provide wage recipient data and employee account numbers. In contrast, cash payments require rounding or deductions due t
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Baihaki, Ahmad, Januanto Kawita Chandra Prasetya, Dwi Cahya Nurani, Easter Aprilina Batubara, and Meitsa Ullinuha Assalwa. "Membangun Kesadaran Hukum Masyarakat Terhadap Hukum Hibah, Wasiat, Dan Waris Berdasarkan Kompilasi Hukum Islam." Abdi Bhara 3, no. 1 (2024): 34–42. http://dx.doi.org/10.31599/zb0w5j60.

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Grants, wills, and inheritance are important instruments in Islamic law that govern the transfer of treasure from one individual to another, both during life and after death. The Compilation of Islamic Law in Indonesia provides a specific legal framework to manage these three concepts in accordance with Sharia principles. However, the implementation of grants, wills, and inheritance distribution often becomes a legal problem in the community because the implementation is carried out without proper knowledge based on the provisions of Islamic law or The Compilation of Islamic Law. To prevent mi
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Latif, Faozi, and Asep Sunarko. "PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM." Ahkam: Jurnal Hukum Islam 8, no. 2 (2020): 287–310. http://dx.doi.org/10.21274/ahkam.2020.8.2.287-310.

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Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of
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Fathaniyah, Lidia, Istianah Istianah, Wage Wage, and Encep Saepudin. "Pandangan Hukum Islam Terhadap Ganti Rugi dalam Pengadaan Tanah yang Dipergunakan untuk Kepentingan Umum." Proceedings Series on Social Sciences & Humanities 5 (June 30, 2022): 39–44. http://dx.doi.org/10.30595/pssh.v5i.424.

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This article examines the view of Islamic law on compensation in land acquisition for the public interest. This research was conducted to find out how Islamic law views compensation in land acquisition for the public interest. The method used is literature research method with a normative juridical approach, namely by examining Islamic law related to the theme and examining various literatures that have a relationship with the theme under study. Compensation in land acquisition is an important thing because usually other parties will force their will to continue to carry out land acquisition e
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Dissertations / Theses on the topic "Transfer (Islamic law)"

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Sieng, Pikol. "La contribution des techniques contractuelles à la promotion des investissements internationaux au Cambodge : l'exemple du contrat build-operate-transfer (BOT)." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30092.

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Cette thèse propose une étude globale sur les contrats build-operate-transfer (BOT). Ils sont traités dans leurs aspects financiers, juridiques et contractuels. Les investissements dans les infrastructures publiques telles que les transports, l’eau, l’énergie constituent non seulement un outil de développement économique, mais aussi contribuent à l’amélioration des conditions de vie humaine. Mais, pour réaliser ces projets souvent de taille importante, le financement est un des principaux soucis des décideurs publics. En particulier, le Cambodge figure parmi les États à bas revenus. Les contra
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Gheeraert, Laurent. "Financial systems: essays on the cultural determinants and the relevance for economic development." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210212.

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The thesis analyzes macro-economic determinants and roles of financial sector development.<p> The literature argues that the size and efficiency of both banking systems and financial markets - the two major components of a financial system - matter for economic development. In the same vein, the quality of financial institutions and regulations are instrumental in the construction of a strong financial system.<p> We study several aspects of financial sector development in relation to three recent phenomena, namely, the rise of Islamic banking and finance, the increasing interest for emerging s
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Books on the topic "Transfer (Islamic law)"

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Bambale, Yahaya Yunusa. Acquisition and transfer of property in Islamic law. Malthouse Press, 2007.

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Rasban, Sadali. Muslim law in wealth and estate transfer. HTHT Advisory Services and Pustaka Nasional, 2010.

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Pīrhādī, Muḥammad Riz̤ā. انتقال مالکىت در عقد بىع. Intishārāt-i Shālīzah, 2007.

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Zurayqī, Jumʻah Maḥmūd. al- Tawthīq al-ʻaqārī fī al-sharīʻah al-Islāmīyah. al-Munshaʾat al-ʻĀmmah lil-Nashr wa-al-Tawzīʻ, 1985.

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Ṣallābī, ʻAlī Muḥammad Muḥammad. Fiqh al-tamkīn fī al-Qurʾān al-karīm: Anwāʻuh, shurūṭuhu wa-asbābuh, marāḥiluhu wa-ahdāfuh. Dār al-Wafāʾ lil-Ṭibāʻah wa-al-Nashr wa-al-Tawzīʻ, 2001.

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Zurayqī, Jumʻah Maḥmūd. Niẓām al-shahr al-ʻaqārī fī al-sharīʻah al-Islāmīyah: Dirāsah muqāranah maʻa niẓām al-sijill al-ʻaynī. Dār al-Āfāq al-Jadīdah, 1988.

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Zurayqī, Jumʻah Maḥmūd. Niẓām al-shahr al-ʻaqārī fī al-sharīʻah al-Islāmīyah: Dirāsah muqāranah maʻa niẓām al-sijill al-ʻaynī. Dār al-Āfāq al-Jadīdah, 1988.

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Yıldız, Esra. İstanbul şerʼiyye sicilleri: Vakfiyeler katalogu. İSAM yayınları, 2015.

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Islām Maḥmūd ʻAbd al-Raḥīm Mahrān. al-Ṣiyagh al-qānūnīyah li-istithmār amwāl al-waqf: ʻuqūd al-Būt (B.O.T) anmūdhajan. Muʼassasat Sāʻī li-Taṭwīr al-Awqāf, 2020.

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(India), Islāmik Fiqh Akaiḍmī, ред. Baink se jārī hone vāle muk̲h̲talif kārḍ ke sharʻī aḥkām. Islāmik Fiqh Akaiḍmī, 2007.

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Book chapters on the topic "Transfer (Islamic law)"

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"Transfer of Debt (al-Hawalah)." In Islamic Commercial Law. John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119198956.ch11.

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Craig R, Nethercott. "Part II Islamic Law and Contracts in Practice, 9 Istisna’ and Ijara." In Islamic Finance. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198725237.003.0009.

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This chapter discusses how the contracts of istisna’ and ijara, alone and in combination, have found common modern application. The combination of istisna’ and ijara contracts in particular has found prominence in the project finance and asset finance sector, where in practice they operate like their conventional counterparts. Istisna’ is a contract of sale of specified items to be manufactured or constructed with an obligation on the part of the manufacturer (contractor) to deliver them to the customer on completion. Meanwhile, ijara is a term that means to give something in return for a rent
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Fariana, Andi, and Prameswara Samofa Nadya. "Elevating Investment Confidence." In Advances in Finance, Accounting, and Economics. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-5653-1.ch006.

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Legal certainty and investment are closely intertwined in Islamic economic frameworks, particularly in Indonesia. Legal certainty, defined as the clarity of norms, serves as a guide and protection for justice seekers. Investment involves capital accumulation, knowledge transfer, job creation and development of disadvantaged areas, necessitating a stable legal environment. The government recognizes the crucial link between legal certainty and investment, addressing various issues like the environment, employment, and socio-cultural aspects. From an Islamic law perspective, legal certainty is fu
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Fariana, Andi, and Prameswara Samofa Nadya. "Elevating Investment Confidence." In Advances in Business Strategy and Competitive Advantage. IGI Global, 2024. https://doi.org/10.4018/979-8-3693-3980-0.ch007.

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Legal certainty and investment are closely intertwining in Islamic economic frameworks, particularly in Indonesia. Legal certainty, defined as the clarity of norms, serves as a guide and protection for justice seekers. Investment involves capital accumulation, knowledge transfer, job creation and development of disadvantaged areas, necessitating a stable legal environment. The government recognizes the crucial link between legal certainty and investment, addressing various issues like the environment, employment, and socio-cultural aspects. From an Islamic law perspective, legal certainty is f
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Jonathan, Ercanbrack. "Part III Innovation and Trade-Finance Challengers, 15 Islamic Trade Law and the Smart Contract Revolution." In Trade Finance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198854470.003.0015.

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The history of Islam is inextricably connected to a celebrated history of trade and commerce which distinguishes it amongst monotheistic faiths. The modern incarnation of Islamic trade finance, however, bears only rudimentary similarity to the trade practices of old. Modern Islamic trade finance is devised to replicate conventional trade practices so that the barter-like immediacy of the Islamic contract of sale has been replaced with promissory attributes (wa’d). Yet Islamic law (sharia) has shown itself to be fully capable of adapting to modern trade practices so long as its major principles
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Yahaya, Nurfadzilah. "Surat Kuasa." In Fluid Jurisdictions. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501750878.003.0003.

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This chapter highlights the importance of paper as a powerful conduit for the spread of jurisdictions in the late colonial period. It compels different authorities to recognize and heed the words of colonial subjects. The chapter also discusses the Surat kuasa, the Malay and Indonesian term for power of attorney, probate, and letters of administration. The power of attorney, also known as volmacht in Dutch, was such a popular device in the Dutch colony. Produced for diverse reasons, powers of attorney were versatile and revocable, and the chapter elaborates three common kinds of powers of atto
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Sharief, Salah M. "The Influence of Sufism on the Sudanese Belt." In Orientālistika. Cilvēkzināšana un Āzijas aktualitātes. LU Akadēmiskais apgāds, 2020. http://dx.doi.org/10.22364/luraksti.os.819.05.

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As of the last decade of the 20th century, the Middle East and Africa have been the birthplace of extremist organizations espousing a radical ideology, which encourages violence against the dissenters and branding them apostates. Organizations like Al-Qā’ida and Dā’ish/ISIL performed numerous terrorist acts around the world, but especially in the Middle East. Other Salafi organizations like Boko Haram also gained recognition in international media disproportionate to their actual size. This discourse was behind the coinage of the term ‘Islamic Terrorism’, which casts a shadow of suspicion on a
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Andruss, Jessica. "Lamentations 5." In Jewish Piety in Islamic Jerusalem. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197639559.003.0014.

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Abstract Salmon’s commentary on the final chapter of Lamentations focuses on the need for repentance and the hope of redemption. For Salmon, Jeremiah strategically reminds God of the calamities that Israel has endured in order to prompt divine action: after all, Salmon reasons, when the nations disgrace Israel, so too do they disgrace God (Lam 5:1). Salmon upholds the principle of “requital in kind” when interpreting the transfer of Israel’s territory and Temple to the nations as retribution for Israelite sins (Lam 5:2). The centerpiece of the chapter is Salmon’s homiletical excursus to Lament
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Irfan, Mohammad, Aditya Shukla, Manali Agrawal, and Early Ridho Kismawadi. "Revolutionizing Islamic Finance With Ethical AI." In Industrial Ecology and the Sustainable Development Goals (SDGs). IGI Global, 2025. https://doi.org/10.4018/979-8-3373-0139-6.ch007.

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The revolutionary role that robo-advisors play in Shariah-compliant Islamic finance is examined in this essay. The first section lays out the fundamental ideas of Shariah-compliant investing, which serve as a framework for moral financial judgment. Examined is the emergence of robo-advisors, which show how these AI-powered tools are improving accessibility and efficiency while enabling adherence to Shariah laws. Key characteristics of robo-advisors that adhere to Shariah are examined, along with particular difficulties including cultural sensitivity and regulatory compliance. The research inte
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"Ownership and Transfer of Water and Land Tenure in Islam." In National and International Water Law and Administration: Selected Writings. Brill | Nijhoff, 2003. http://dx.doi.org/10.1163/9789004480230_008.

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